It is often said that the only thing necessary for evil to prevail is for good people to do nothing. Sounds good, right?
But there is another way of looking at it, and it might go something like this: The only thing needed for evil to prevail is for bad people to be in power to the point that they can silence dissenters, quash rebellions, and literally destroy the lives of anyone they want with the help of a policeman, a city attorney, a state attorney general, and — believe it or not — a judge.
There may very well be some good people who want to keep the evil being perpetrated against Varlo Davenport from happening, but most of the ones I have talked to are afraid for their very own lives.
If this does not rouse a righteous, indignant anger in you, nothing will. And be sure that I will not tolerate any of your bemoaning about federal overreach (a Utah mantra) when the courage of conviction to take out the trash locally is beyond you.
This week’s piece is a follow-up to last week’s and the one from the week before that. The assault case against Davenport has had a host of developments of late, and I think it is important to keep up with them — the latest of course being the vacated trial in lieu of Davenport’s attorney filing a motion to have Judge Ron Read removed from the case for ex parte communication with the prosecution.
In an article in the Dixie Sun News, Assistant Attorney General Michael Carter acquiesces to the wrong-doing, stating that he simply did not know it was wrong at the time.
Setting aside for a moment the absolute absurdity that an assistant to the attorney general does not know his job well enough not to violate the law in the course of doing it, the important thing to note here is that he has admitted to it on the record. This will likely preclude the prosecution from putting forth any other version to try to bail themselves out.
But more importantly is that a Washington County Justice Court judge not only allowed it, but seemed to be coalescing with Carter to do it. And then in a hearing with Prisbrey was denying anything substantive had happened. (Procedural or substantive, in both cases Prisbrey should have been notified and was not) It was only when Prisbrey obtained the audio that the truth was ascertained.
The judge needs to step down. Really, in point of fact, given the accumulating nefarious actions of the prosecution and the university, this case should be dropped with a bouquet of roses for Davenport’s wife and an apology note while Davenport is offered DSU President Biff Williams’ job.
Another observation is the curious silence of the city in this: One would think that if they thought themselves not complicit in this matter, they would be coming out and categorically denying the claim. They are more likely shaking their heads that they did not follow Washington County Attorney Brock Belnap’s lead and decline to get involved.
Which begs the question … why are they really involved?
But I must digress for a moment here and mention another aspect of the situation, which is what this is curiously and oddly all about at this point.
Davenport’s attorney, Aaron Prisbey, demanded to see exculpatory evidence that he maintains was being kept from him and his client. Campus Police Chief Don Reid lamented in an email to the city that he had copious amounts of said evidence, but the city and the university maintained that they deemed what was relevant and only gave such to Prisbrey.
Relevant how exactly? Relevant to helping their side only, perhaps?
Follow me here in this interesting twist of events.
The judge ordered that the evidence be turned over, but the university and Reid still refused to produce it. After a motion to hold Williams in contempt, they finally released something, but they did so almost in secret as they did not enter it into the court record. And Davenport’s attorney received a copy uncertified only the day before the pre-trial hearing.
So much for Chief Reid’s boxes and boxes of evidence.
A three-page document about one particular submission to the illegal whistleblower site from an anonymous person who bears the email address bwinkle13@yahoo.com was all that was produced.
The person who emailed the document wrote that he or she was a former student of DSU and had relevant and pertinent information regarding the Davenport case but feared retaliation from the university.
Now the university claims a couple of things here: first that they tried to speak with bwinkle13 but to no avail with no reply, and second that the reason why the judge redacted bwinkle13’s identity was to protect his or her anonymity … a protection not afforded under the law in this or any trial.
So let’s spitball here and say that bwinkle13, fearing retaliation from the school, likely had information that would have been in Davenport’s favor. Further, lets say that the school knows damn well they did not want to talk to this person because they only interviewed those who went along with their predisposition of guilt in a three-months-after-the-fact fabricated investigation.
The last thing they would want is for someone to actually talk to bwinkle13, because this person could credibly refute their story. When the school, the city, and the attorney general say they only produced information relevant to the case, what they actually mean was that they deemed relevant only that which would support their illegal behavior — and get this: They have a judge who is a former prosecutor for the city appearing to try to help them by not allowing Prisbrey to have all actually relevant and pertinent information.
All I will say to those who think this is too good for fiction is that I agree. But the audio does not lie. Furthermore, if bwinkle13 decides to break the silence and DSU’s claim to try to contact proves false, the implications are very serious.
This may suggest that DSU’s claim of complaints to the site from people is fiction. Seriously, in what world can evidence be used against a person that comes from anonymous sources?
So there’s the latest update in the current shit show being perpetrated as a legal and legitimate proceeding by DSU, the City of St. George, and the State of Utah. And given the absolutely egregious nature of it all, I guess I cannot blame a few “good people” for keeping their heads down.
Next, however, it appears it will be necessary to begin digging in to DSU’s whistleblower site. A few good sources have indicated that this site, along with those who run it, basically vacated any process procedurally and legally bound to be handled by the Human Resources Department and remanded it to the benevolent care of the site’s managers.
Folk’s, this is just beyond surreal.
See you out there.
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What the City of St. George has asserted without evidence should be dismissed
The Emperor wears no clothes. J Nodvik Santa Clara Utah. I stood up to the Chinese while in Llhasa Tibet over a decade ago. This is America… You think? See LA Times. Keep the faith … No fear… Once upon a time there were local kids that decided to take a girl for a long ride… Take of two cities…
Who?
What?
When?
Where?
Why?
Can a writer who is not audited answer any if these questions and in AP Style english? Apparently, not or is it “Apparently not”. or “Apparently not.” or ‘Apparently not.’ as an expression? Ahhh.
and that whistleblower site is… ?